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0 0 <br />replace and supersede the Promissory Note in the amount of $2,864,164 dated <br />December 15, 2009, attached to the CONTRACT Amendment No. 1 as Appendix B. <br />b. Amended Security Agreement, attached hereto as Appendix B and incorporated <br />herein, which shall supplement and operate in conjunction with the Security <br />Agreement dated February 13, 2009, and amended December 15, 2009, attached <br />to the ORIGINAL CONTRACT as Appendix 4. <br />4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, <br />or contradiction between the provisions of this Amendment and any of the provisions of <br />the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects <br />supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling <br />over other provisions in the contract or amendments. The representations in the <br />SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br />5. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, <br />its employees and agents, against any and all claims, damages, liability and court <br />awards including costs, expenses, and attorney fees and related costs, incurred as a <br />result of any act or omission by Contractor, or its employees, agents, subcontractors, <br />or assignees pursuant to the terms of this contract. <br />[Applicable Only to Intergovernmental Contracts] No term or condition of this <br />contract shall be construed or interpreted as a waiver, express or implied, of any of <br />the immunities, rights, benefits, protection, or other provisions, of the Colorado <br />Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, <br />28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. <br />[The rest of this page is intentionally left blank.] <br />Loan Contract C150279 Amendment No. 2 <br />Page 2 of 5 <br />